Environmental Protection Agency February 2005 – Federal Register Recent Federal Regulation Documents

Under the Federal Advisory Committee Act (Public Law 92-463), EPA gives notice of a meeting of the Gulf of Mexico Program (GMP) Citizens Advisory Committee (CAC).

The Draft Inventory of U.S. Greenhouse Gas Emissions and Sinks: 1990-2003 is available for public review. Annual U.S. emissions for the period of time from 1990-2003 are summarized and presented by source category and sector. The inventory contains estimates of carbon dioxide (CO2), methane (CH4), nitrous oxide (N2O), Hydrofluorocarbons (HFC), perflourocarbons (PFC), and sulfur hexaflouride (SF6) emissions. The inventory also includes estimates of carbon sequestration in U.S. forests. The technical approach used in this report to estimate emissions and sinks for greenhouse gases is consistent with the methodologies recommended by the Intergovernmental Panel on Climate Change (IPCC) and reported in a format consistent with the United Nations Framework Convention on Climate Change (UNFCCC) reporting guidelines. The Inventory of U.S. Greenhouse Gas Emissions and Sinks is the latest in a series of annual U.S. submissions to the Secretariat of the UNFCCC.

The U.S. Environmental Protection Agency (EPA or Agency) Science Advisory Board (SAB) Staff Office is announcing the formation of an ad hoc SAB panel to review the Agency's ``All-Ages Lead Model (AALM)'' (hereinafter, the ``Ad Hoc AALM Review Panel'' or ``Panel''), and is hereby soliciting nominations for this Panel.

The EPA is approving revisions to the particulate matter (PM) and sulfur dioxide (SO2) emission requirements for Pfizer, Inc. (Pfizer). Pfizer operates a medicinal chemical manufacturing facility in Vigo County, Indiana. On October 7, 2004, Indiana submitted a request for PM and SO2 emissions limit revisions as an amendment to its State Implementation Plan (SIP) at the Vigo County facility. Pfizer has removed five boilers from its facility. Indiana has requested the deletion of the site-specific PM and SO2 emission limits for all five removed boilers. A new boiler has replaced three of the removed boilers. The new boiler is subject to the current New Source Performance Standard limits for PM and SO2 emissions. There will be no increase in PM or SO2 emissions as a result of the requested revisions.

Pursuant to section 111(b)(1)(B) of the Clean Air Act (CAA), the EPA has reviewed the emission standards for particulate matter (PM), sulfur dioxide (SO2), and nitrogen oxides (NOX) contained in the standards of performance for electric utility steam generating units, industrial-commercial-institutional steam generating units, and small industrial-commercial-institutional steam generating units. This action presents the results of EPA's review and proposes amendments to standards consistent with those results. Specifically, we are proposing amendments to the PM, SO2, and NOX emission standards. We are also proposing to replace the current percent reduction requirement for SO2 with an output-based SO2 emission limit. We are also proposing an amendment to the PM emission limit. In addition to amending the emissions limits, we also are proposing several technical clarifications and corrections to existing provisions of the current rules.

In compliance with the Paperwork Reduction Act (44 U.S.C. 3501, et seq.), this document announces that the Environmental Protection Agency (EPA) is planning to submit a continuing Information Collection Request (ICR) to the Office of Management and Budget (OMB). This is a request to renew an existing approved collection. The existing ICR is scheduled to expire on April 30, 2005. Before submitting the ICR renewal to OMB for review and approval, EPA is soliciting comments on specific aspects of the proposed information collection as described below.

The Environmental Protection Agency (EPA) approves the sections 111(d)/129 State Plan submitted by the Connecticut Department of Environmental Protection (CT DEP) on September 16, 2004. This State Plan is for implementing and enforcing provisions at least as protective as the federal Emission Guidelines (EGs) applicable to existing large and small Municipal Waste Combustion (MWC) units.

The Tribal Pesticide Program Council (TPPC) will hold a 2 and 1/2-day meeting, beginning on March 16 and ending on March 18, 2005. This notice announces the location and times for the meeting, and sets forth the tentative agenda topics. One Tribal Caucus scheduled each day.

This notice announces availability and starts a 60-day public comment period on the Reregistration Eligibility Decision (RED) documents for the pesticide active ingredients carboxin and oxycarboxin. The RED represents EPA's formal regulatory assessment of the human health and environmental effects data base of the subject chemicals and presents the Agency's determination regarding which pesticidal uses are eligible for reregistration.

This notice announces the availability of the Reregistration Eligibility Decision (RED) document for the pesticide active ingredient imazalil. The RED represents EPA's formal regulatory assessment of the human health and environmental data base of imazalil and presents the Agency's determination regarding which pesticidal uses are eligible for reregistration under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA).

This notice announces the availability of EPA's risk assessments, preliminary risk reduction options, and related documents for ametryn, a triazine herbicide, and opens a public comment period on these documents. The public also is encouraged to suggest risk management ideas or proposals to address the risks identified. EPA is developing a Reregistration Eligibility Decision (RED) for ametryn through a modified, 4-phase public participation process that the Agency uses to involve the public in developing pesticide reregistration and tolerance reassessment decisions. Through these programs, EPA is ensuring that all pesticides meet current health and safety standards.

The Environmental Protection Agency, National Center for Environmental Innovation (NCEI) is giving notice of the availability of its solicitation for proposals for the 2005/2006 grant program to support innovation by state environmental regulatory agenciesthe ``State Innovation Grant Program.'' The full text of the solicitation includes the following: Background information on the State Innovation Grant Program, including prior awards; A description of the 2005-2006 program; The process for preparing and submitting proposals; The State Innovation Grant Program selection criteria; A description of the selection and award process; A pre-proposal checklist to help States prepare effective proposals; A list of definitions for purposes of this solicitation. The solicitation is available at the Agency's State Innovation Grant Web site: https://www.epa.gov/innovation/stategrants/ solicitation2005.pdf, or may be requested from the Agency by e-mail, telephone, or by mail. Only the principal environmental regulatory agency within each State (generally, where delegated authorities for Federal environmental regulations exist) is eligible to receive these grants.

The Safe Drinking Water Act (SDWA), as amended in 1996, requires the Environmental Protection Agency (EPA) to publish a list of contaminants that, at the time of publication, are not subject to any proposed or promulgated national primary drinking water regulations, that are known or anticipated to occur in public water systems, and that may require regulations under SDWA (section 1412 (b)(1)). SDWA, as amended, specifies that EPA must publish the first list of drinking water contaminants no later than 18 months after the date of enactment, i.e., by February 1998, and every five years thereafter. The EPA published the first Candidate Contaminant List (CCL) in March of 1998 (63 FR 10273). The second draft CCL (CCL 2) was published on April 2, 2004 (69 FR 17406) and announced EPA's preliminary decision to carry forward the remaining 51 contaminants on the 1998 CCL as the draft CCL 2, provided information on EPA's efforts to expand and strengthen the underlying CCL listing process to be used for future CCL listings, and sought comment on the draft list as well as EPA's efforts to improve the contaminant selection process for future CCLs. Today's final CCL 2 carries forward the remaining 51 contaminants proposed on April 2, 2004.

EPA today proposes to designate a new Ocean Dredged Material Disposal Site (ODMDS) in the Atlantic Ocean offshore Port Royal, South Carolina, as an EPA-approved ocean dumping site for the disposal of suitable dredged material. This proposed action is necessary to provide an acceptable ocean disposal site for consideration as an option for dredged material disposal projects in the greater Port Royal, South Carolina vicinity. This proposed site designation is for an indefinite period of time, but the site is subject to continuing monitoring to insure that unacceptable adverse environmental impacts do not occur.

EPA is revising the format of 40 CFR part 52 for materials submitted by the state of Minnesota that are incorporated by reference (IBR) into its State Implementation Plan (SIP). The regulations affected by this format change have all been previously submitted by Minnesota and approved by EPA. This format revision will primarily affect the ``Identification of plan'' section of 40 CFR part 52, as well as the format of the SIP materials that will be available for public inspection at the National Archives and Records Administration (NARA), the Air and Radiation Docket and Information Center located at EPA Headquarters in Washington, DC, and the EPA Region 5 Office. EPA is also adding a table in the ``Identification of plan'' section which summarizes the approval actions that EPA has taken on the non-regulatory and quasi-regulatory portions of the Minnesota SIP. The sections of 40 CFR part 52 pertaining to provisions promulgated by EPA or state-submitted materials not subject to IBR review remain unchanged.

Requesting the nomination of experts for the Science Advisory Board (SAB) Arsenic Review Panel.

EPA has granted or denied emergency exemptions under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) for use of pesticides as listed in this notice. The exemptions or denials were granted during the period October 1, 2004 to Decmeber 31, 2004 to control unforseen pest outbreaks.

Mississippi has applied to EPA for Final authorization of the changes to its hazardous waste program under the Resource Conservation and Recovery Act (RCRA). EPA proposes to grant final authorization to Mississippi for RCRA Clusters IV through X. In the ``Rules and Regulations'' section of this Federal Register, EPA is authorizing the changes by an immediate final rule. EPA did not make a proposal prior to the immediate final rule because we believe this action is not controversial and do not expect comments that oppose it. We have explained the reasons for this authorization in the preamble to the immediate final rule. Unless we get written comments which oppose this authorization during the comment period, the immediate final rule will become effective on the date it establishes, and we will not take further action on this proposal. If we get comments that oppose this action, we will withdraw the immediate final rule and it will not take effect. We will then respond to public comments in a later final rule based on this proposal. You may not have another opportunity for comment. If you want to comment on this action, you must do so at this time.

This notice announces the initial filing of a pesticide petition proposing the establishment of regulations for residues of a certain pesticide chemical in or on various food commodities.

EPA is taking direct final action to approve revisions to the El Dorado County Air Quality Management District (EDCAQMD) (Mountain Counties portion), Imperial County Air Pollution Control District (ICAPCD), and the South Coast Air Quality Management District (SCAQMD) portions of the California State Implementation Plan (SIP). The revisions concern an obsolete permitting rule and the storage and transfer of gasoline at dispensing facilities. We are removing an obsolete local permitting rule and are approving local rules that regulate volatile organic compound (VOC) emissions under the Clean Air Act as amended in 1990 (CAA or the Act).

In compliance with the Paperwork Reduction Act (44 U.S.C. 3501 et seq.), this document announces that EPA is planning to submit a continuing Information Collection Request (ICR) to the Office of Management and Budget (OMB). This is a request to renew an existing approved collection. This ICR is scheduled to expire on July 31, 2005. Before submitting the ICR to OMB for review and approval, EPA is soliciting comments on specific aspects of the proposed information collection as described below.

EPA is taking direct final action to approve revisions to the Antelope Valley Air Quality Management District (AVAQMD) portion of the California State Implementation Plan (SIP). These revisions concern the permitting of air pollution sources. We are approving local rules under authority of the Clean Air Act as amended in 1990 (CAA or the Act).

EPA expressed environmental concerns about potential effects to aquatic and terrestrial resources from large scale management activity, and requested additional information on the ongoing beetle epidemic, especially its impact on meeting project goals. ERP No. D-AFS-J65431-UT Rating EC2, Duck Creek Fuels Treatment Analysis, To Reduce Fuels, Enhance Fire-Tolerant Vegetation and Provide Fuel Breaks, Dixie National Forest, Cedar City Ranger District, Kane County, UT. Summary: EPA expressed environmental concerns about the potential for adverse impacts to water quality and aquatic habitat, degradation of soils and impacts to wildlife from reduction of old growth habitat. The Final EIS should discuss additional mitigation measures to reduce impacts in important wildlife habitat and back-country areas. ERP No. D-AFS-J65434-CO Rating EC2, County Line Vegetation Management Project, Salvaging Spruce Beetle Infected Trees and Thinning Spruce-Fir Stand, Rio Grande National Forest, Conejos Peak Ranger District, Conejes County, CO. Summary: EPA expressed environmental concerns about soil disturbance and erosion, runoff, sedimentation, and habitat impacts in streams that have a population of genetically pure Rio Grande cutthroat trout, and wildlife impacts to sensitive species such as threatened Canada Lynx, Northern Goshawk, and Boreal Owl. EPA recommended that the Preferred Alternative be modified to protect critical, older-growth spruce-fir wildlife habitats. ERP No. D-AFS-K65277-CA Rating EC2, Modoc National Forest Noxious Weed Treatment Project, Proposes to Implement a Control and Eradication Project, Lassen, Modoc and Siskiyou Counties, CA. Summary: EPA expressed environmental concerns about integration of weed treatments, impacts to water quality, toxicity of herbicides to wildlife, and addressing tribal concerns regarding herbicide use. ERP No. D-USA-L11037-AK Rating EC2, Battle Area Complex (BAX) and a Combined Arms Collective Training Facility (CACTF) Construction and Operation, U.S. Army Training Lands in Alaska. Summary: EPA expressed concerns related to water resource, wetland, and habitat impacts, and recommended that additional criteria could be used to expand the range of alternatives in order to minimize environmental impacts. ERP No. DR-IBR-K39048-CA Rating EC2, Truckee River Operating Agreement (TROA) Modify Operations of Five Federal and Two Non-Federal Reservoirs to Facilitate Distribution of Water, Truckee River Basin, EL Dorado, Nevada, Placer and Sierra Counties, CA and Douglas, Lyon, Storey and Washoe Counties, NV. Summary: EPA expressed concerns about potential impacts to water quality and sensitive resources, and requested additional information in the Final EIS on water quality, alternatives, biological resources, cumulative impacts, water conservation, and program monitoring and reporting measures.